Unfair behaviour by Privately operated carpark management company

dave77238u38

Hi everyone, I don't know where to start with this one. the whole experience has been unbelievable, I'm not sure its even legal?

On 06th May I had a hospital appointment , as a blue badge holder I parked my vehicle in the hospitals blue badge carpark and displayed my badge on the dashboard, which I have done many times over the years. 
I did notice new signs on display within the carpark, but the only text that was visible to read was the words -  “BLUE BADGE HOLDERS ONLY, 4 HRS MAX STAY”. The remaining text on the sign was far too small to read. I parked my vehicle and thought no more of it.

On 14th May I received a PCN in the post from Wise Parking demanding payment of £80  (£40 if paid within 14 days)  Contravention - Vehicle not registered.
This prompted me to return to the carpark to see what they were referring to.  I took photos of the 3x new signs on display within the carpark and I had to zoom in on my phone to see the text.  3 paragraphs down was the words written "If parking within a blue badge bay your full correct registration must be registered at reception every time you visit".  

I appealed to Wise Parking Ltd within the time frame, I argued that, the printed text on the sign to which sets out their terms and conditions, with particular reference to this contravention (registration), was to small to read, I also pointed out that there was a large sign at the entrance to this carpark inviting blue badge holders can park for free up to 4 hours with no reference to registration on it.

Not surprising they did not acknowledge the points I raised,  but insisting the PCN and its associated processes are in line with industry standards. 

I appealed to the independent adjudicator,  I argued the same points above, reinforcing the fact that the signage was unreadable and there was a large sign at the entrance to this carpark inviting blue badge holders to park, I also pointed out here were no signs at the entrance of the blue badge carpark that summarises the rules in place and notifies the driver that specific terms and conditions will apply inside.  (I provided photos as evidence regarding this statement) 

Now this is where things start to get interesting

Wise Parking submitted “blown up Computer Generated Images” of all their signs within the premises of the Hospital site as evidence.                                                                                                                                                                                                                                                                                          This is unfair as it does not show or depict the signs in their true environment, location or correct scale.

Out of the 13 “computer generated images” they submitted, only one image is relevant to this PCN, as this was the only sign which was on display within the blue badge carpark at the time the alleged contravention took place. 

The Adjudicator dismissed the appeal on the grounds that the “operator’s signage, which was on display throughout the site, makes it sufficiently clear that a PCN will be issued to drivers who fail to comply with the terms and conditions”.

I believe the Adjudicator made an error, the signage throughout the site is irrelevant. The only signage that should have been considered, is what was within the blue badge carpark only, all other carparks within the hospitals  ground are not relevant, Furthermore he did not address the issues raised regarding text size or the sign at the entrance that is an invitation to park.   

To make things even worse, after I appealed to Wise Parking 16th May and to the Adjudicator 27th May, I returned to the same blue Badge carpark on 25th June where I received the PCN some weeks earlier.                                                                                                                                                                                                                      Upon entering the carpark, I noticed that Wise Parking had made significate changes to the signage within the UHL blue badge carpark and at the entrance,  These changes to the signage are relevant to this case as they highlight key points I raised as a defense at both appeal stages.

1-     Wise Parking have installed additional signs directly under the existing signage which has a much larger printed text that states:     “Blue Badge Holders Please register your vehicle at reception. If you don’t you’ll receive a parking charge”. 

2-      Wise Parking removed the large sign at the entrance to the blue badge carpark which has been there for many years inviting blue badge holders to park, with large red text that stated:   “Disabled badge Holders may park free up to 4 hours in disabled bays only” 

3- Not only did they remove it, Wise parking went on to have new signs made, and then displayed these signs to both the entrance and exit that summarises the rules in place and notifies the driver that specific terms and conditions will apply inside.

It is clear from the photos taken by myself on 25th June 2022 that the additional signs Wise Parking had made, then installed directly under the existing signs and throughout the carpark, were to make it clear, legible and prominent, so it’s brought to the driver’s attention.  

I have also come to learn that Wise Parking are a member of the IPC (International Parking Community).. Members of The IPC who issue parking charges within the private parking sector are required to subscribe to the IPC’s Accredited Operator Scheme (AOS) and adhere to this Code of Practice which defines the core standards necessary to ensure transparency and fairness.

Looking through the IPC code of practice, Wise Parking are in breach to all points I raised

No doubt their next step will be taking me to the county court.

Any advise on this matter would be truly appreciated. 

Le_Kirk

What happened when you complained to PALS at the hospital?

dave77238u38

They told me that I was not the only one person to complain about receiving a PCN, and that I should appeal the ticket explaining the situation, It was nothing to do with them.

Coupon-mad

PALS can cancel it.

Did you realise that IAS is a kangaroo court? Bound to lose. A complete farce.

Mouse007

Welcome to the world of Rogue Private Parking Companies - standard fare here, we have seen all that before.

Stick around, pop back with updates but above all, read the newbies thread so you know what to expect next and what you will have to do to beat them.

dave77238u38

I cant believe the response I got from IAS, shocking really 

Not_A_Hope

Best bet - go back to PALS and complain. Tell them if they don't get it cancelled now you will be contacting the local press.

If that doesn't work be prepared to ignore the debt letters, wait until you receive a Letter Before Claim and a court claim anytime up to May 2028.

Do not pay. You have more than enough evidence to be them if these leeches are daft enough to go to court 

Half_way

dave77238u38 said:

I cant believe the response I got from IAS, shocking really 

Seeing countless cases on here, i can fully believe the response - and such a response is to be expected.

you will be paying nothing, do a little digging on who owns/controls the IPC and the IAS

You need to get in touch with the Hospital PALs team/service and ask them to cancel , please post on here what you intend to say first though - as for the complaint its no business of theirs to know what so called stage you are at

Coupon-mad

dave77238u38 said:

I cant believe the response I got from IAS, shocking really 

We can.  96% of cases heard are lost.

KeithP

PALS simply cannot claim it is nothing to do with them.

You need to read...

NHS car parking guidance 2022 for NHS trusts and NHS foundation trusts

In particular, these words...

dave77238u38

Thank you all for the info, I will be sending PALs a strongly worded email.